Terms and conditions
1. SCOPE OF APPLICATION
1.1. These terms and conditions apply to contracts for the rental provision of apartments, accommodation, as well as all other services and deliveries provided to the guest/tenant by Appart Haus, Herrenkamp 19, Lingen (Ems), NDS, 49808 Germany (hereinafter briefly referred to as "Appart Haus").
1.2. The rental provision takes place by means of a rental contract for temporary use (hereinafter briefly referred to as "rental contract").
1.3. Subletting or further leasing of the provided apartments, as well as their use for purposes other than accommodation, requires the prior written consent of Appart Haus.
1.4. The terms and conditions of the guest/tenant only apply if this has been expressly agreed upon in writing beforehand.
2. CONCLUSION OF CONTRACT
2.1. The guest/tenant makes an offer with their registration, which Appart Haus can accept. The registration is also valid for all guests listed in the registration. The rental contract for the apartment described herein is conclusively concluded when Appart Haus has confirmed the guest/tenant's reservation request electronically or in text form. If the content of the confirmation differs from the content of the registration, this must be communicated to Appart Haus immediately. In this case, a new confirmation will be issued.
2.2. Appart Haus may refuse to accept the guest/tenant's offer without stating reasons.
2.3. The apartment is rented to the guest/tenant for the specified contract duration exclusively for use for vacation purposes/business trips and may only be occupied by the maximum number of persons specified in the rental contract.
3. CONTRACTUAL PARTNER; DEPOSIT; LIMITATION PERIOD
3.1. The guest/tenant is considered the guest and contractual partner of Appart Haus, even if he has ordered or co-ordered for other persons.
3.2. The contractual partners are Appart Haus and the guest/tenant. If a third party has made a reservation for the guest/tenant, they are liable to Appart Haus together with the guest/tenant as joint debtors for all obligations arising from the reservation contract.
3.3. If the contractual parties have agreed on a deposit, the guest/tenant pays Appart Haus a security deposit for the provided furnishings and equipment. The deposit is to be paid at check-in and does not accrue interest. It will be refunded to the guest/tenant no later than 14 days after the termination of the rental agreement, provided that there are no claims against the guest/tenant by Appart Haus (e.g., for damage and/or loss of items belonging to the rented property (for which the guest/tenant will receive a list of furnishings/inventory at check-in) or for subsequent billing of excessive consumption).
3.4. All claims against Appart Haus generally expire one year from the start of the regular limitation period dependent on knowledge according to § 199 para. 1 BGB (German Civil Code). Claims for damages expire independently of knowledge in five years. The reductions in limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by Appart Haus.
4. SERVICES; PRICES; PAYMENTS; SET-OFF
4.1. Appart Haus is obliged to keep the apartments booked by the guest/tenant available and to provide the agreed services.
4.2. The guest/tenant is obliged to pay the prices applicable or agreed for the provision of the apartment and for any further services utilized before the start of the rental period (check-in) to Appart Haus. This also applies to services and expenses incurred by Appart Haus to third parties at the instigation of the guest/tenant.
4.3. The agreed rental price includes all flat-rate calculated ancillary costs according to § 2 of the German Operating Costs Ordinance (including, for example, consumption-based costs such as electricity, heating, water) due to the temporary use. The guest/tenant agrees, especially due to the temporary use, to a flat-rate compensation for heating and hot water costs. Only in the case of excessively high consumption can an adjustment be made subsequently based on consumption recording. If the contractual parties have expressly agreed on consumption-based billing or additional services, the use of which is optional for the guest/tenant, these ancillary costs are to be invoiced separately.
4.4. The agreed prices include the respective statutory value-added tax. If the period between the conclusion of the contract and the fulfillment of the contract exceeds 4 months and the price generally charged by Appart Haus for such services increases, Appart Haus may raise the contractually agreed price reasonably, but by no more than 5%.
4.5. Prices may also be changed by Appart Haus if the guest/tenant subsequently requests changes to the number of booked apartments, the performance of Appart Haus, or the duration of the guests' stay and Appart Haus agrees to it.
4.6. Invoices from Appart Haus without a separate due date are payable within 10 days from receipt of the invoice without deduction. Appart Haus is entitled to demand immediate payment of accrued claims at any time. In the event of a payment delay, Appart Haus is entitled to demand default interest at the rate of 9% or, in legal transactions involving a consumer, at the rate of 5% above the base interest rate according to § 288 BGB. Appart Haus reserves the right to prove higher damage, and the guest/tenant the right to prove lower damage.
4.7. The guest/tenant may only offset a claim against a claim of Appart Haus if the guest/tenant's claim is undisputed or has been legally established. Reductions by deduction from the owed fee are only permissible if the guest/tenant has notified the defect by setting a reasonable period for remedy and this period has expired without result; a refund claim under § 812 BGB remains unaffected.
5. CANCELLATION BY THE GUEST/TENANT
5.1. Cancellation of the contract by the guest/tenant with Appart Haus requires the written consent of Appart Haus. If this is not given, the agreed price from the contract must still be paid even if the guest/tenant does not utilize the contractual services, as further regulated by the cancellation conditions below. This does not apply in the case of a breach of Appart Haus's obligation to consider the rights, legal interests, and interests of the guest/tenant, if this makes it unreasonable for the guest/tenant to adhere to the contract, or if there is another legal or contractual right to cancel.
5.2. If a date for free cancellation of the contract has been agreed in writing between Appart Haus and the guest/tenant, the guest/tenant can cancel the contract by the agreed date without triggering payment or compensation claims from Appart Haus. The guest/tenant's right of withdrawal expires if it is not exercised in writing to Appart Haus by the agreed date unless there is a case of the guest/tenant's withdrawal due to a breach of duty by Appart Haus.
5.3. For rates with flexible cancellation: Bookings can be canceled free of charge up to 1 day before arrival. In the event of a late cancellation, early departure, or no-show, the agreed rate/rent will be charged at 100%.
5.4. For rates without free cancellation: In the event of a cancellation, early departure, or no-show, the agreed rate/rent will be charged at 100%.
6. WITHDRAWAL BY APPART HAUS
6.1. If a free right of withdrawal for the guest/tenant within a certain period has been agreed in writing, Appart Haus is entitled to withdraw from the contract during this period if there are inquiries from other guests/tenants for the contractually booked rooms, unless the guest/tenant waives his right to withdraw upon Appart Haus's request.
6.2. If an agreed advance payment or deposit is not made even after an additional reasonable period set by Appart Haus has elapsed, Appart Haus is also entitled to withdraw from the contract.
6.3. Furthermore, Appart Haus is entitled to extraordinarily withdraw from the contract for a materially justified reason, for example, if:
6.3.1. Force majeure or other circumstances for which Appart Haus is not responsible make the fulfillment of the contract impossible;
6.3.2. Apartments are booked under misleading or false statements of essential facts, e.g., regarding the person of the guest/tenant or the purpose;
6.3.3. Appart Haus has justified reason to believe that the use of its services can jeopardize the smooth operation of business, safety, or the public reputation of Appart Haus, without this being attributable to the domain or organizational area of Appart Haus; a violation of Clause I Section 2 is present.
6.4. In the event of a justified withdrawal by Appart Haus, the guest/tenant has no right to compensation.
7. APARTMENT PROVISION, HANDOVER, AND RETURN; TERMINATION
7.1. The guest/tenant is entitled to the provision of the chosen apartment category or the next best if the chosen one cannot be provided. Booked apartments are available to the guest/tenant from 3:00 PM on the agreed day of arrival. The guest/tenant has no right to earlier provision.
7.2. On the agreed day of departure, the apartments must be vacated and made available to Appart Haus by 10:00 AM at the latest. Upon termination of the rental agreement, the rented property must be returned to Appart Haus or its representative in an unchanged condition. The guest/tenant must reimburse any costs incurred by the removal of remaining personal items. A fee based on the invoice will be charged for each key/key card not returned upon departure. The guest/tenant is also liable for the costs of changing/replacing locks of all locking systems if the corresponding keys are not returned upon departure and the locking system needs to be exchanged to maintain security. If the apartment is not returned properly, the guest/tenant is liable for the resulting damage and bears a proportionate share of the rental costs for the period until the damage is rectified.
7.3. Due to the delayed vacating of the apartment, Appart Haus may charge the guest/tenant 30% of the full accommodation price (list price) for the use beyond the contract period until 2:00 PM, 50% until 4:00 PM, and 100% after 6:00 PM (and for each additional day). This does not establish contractual claims for the guest/tenant. The guest/tenant is free to prove that Appart Haus has incurred no or a lesser damage.
7.4. Appart Haus may terminate the contractual relationship before or after the start of the rental period without notice if the guest/tenant, despite prior warning, fails to make the agreed payments (deposit, final payment, and security deposit) on time or otherwise behaves in such a way that continuation of the contractual relationship is unreasonable for Appart Haus. In this case, Appart Haus may demand compensation from the guest/tenant for the expenses incurred up to the termination and for lost profits.
8. LIABILITY OF APPART HAUS
8.1. Appart Haus is liable with the diligence of a prudent businessman for its obligations arising from the contract. Claims for damages by the guest/tenant are excluded unless they are caused intentionally or by gross negligence. This does not apply to damages resulting from injury to life, body, or health if Appart Haus is responsible for the breach of duty, and damages based on an intentional or negligent breach of essential contractual obligations by Appart Haus. Liability of Appart Haus for initial defects in the item rented is – to the extent that § 536a paragraph 1 of the German Civil Code (BGB) applies – excluded in any case.
8.2. A breach of duty by Appart Haus is equivalent to that of a legal representative or vicarious agent, also in terms of the limitation of liability. Should there be any disturbances or defects in the services of Appart Haus, it will endeavor to remedy the situation immediately upon knowledge or upon complaint by the guest/tenant. The guest/tenant is obliged to contribute what can reasonably be expected to remedy the disturbance and to minimize any possible damage (duty to mitigate damage).
8.3. For items brought into the apartment, Appart Haus is liable to the guest/tenant according to the statutory provisions up to ten times the room price, but not more than €800.00, and for money and valuables up to €500.00; the liability for money and valuables only applies to those that were properly locked in the safe. The aforementioned limitation of liability does not apply in the case of intentional action by Appart Haus or one of its employees. Liability claims expire if the guest/tenant does not immediately notify Appart Haus upon becoming aware of the loss, destruction, or damage (§ 703 BGB).
8.4. The guest/tenant has the duty of care to firmly close the windows and the room door when leaving the apartment. Quiet times must be observed in consideration of other guests/tenants.
8.5. Messages, mail, and parcel deliveries for guests/tenants are handled with care. Appart Haus undertakes the delivery, storage, and, for a fee, the forwarding of the same.
9. OBLIGATIONS OF THE GUEST/TENANT; LIABILITY
9.1. The guest/tenant commits to treating the apartment and its inventory with due care and to operate electrical devices properly. The guest/tenant is liable for compensation if they or their companions or visitors culpably cause damage to furnishings, devices, rental spaces, or the building, as well as to facilities belonging to the rental spaces or the building.
9.2. The guest/tenant is required to immediately report any damages occurring in the rental spaces to Appart Haus or a contact point designated by them (concierge), provided they are not themselves obligated to remedy the damage. The guest/tenant is liable for any consequential damages caused by not reporting the damage in a timely manner.
9.3. The guest/tenant must ensure adequate ventilation of the apartment.
9.4. Waste, ashes, harmful liquids, and similar substances must not be thrown or poured into sinks, washbasins, or toilets. If blockages in the sewage pipes occur due to non-compliance with these regulations, the person causing the blockage bears the costs of repair.
9.5. In the event of malfunctions of systems and facilities of the rental property, the guest/tenant is obliged to do everything reasonable to contribute to the rectification of the malfunction or to minimize any potential damage. The guest/tenant is required to inform Appart Haus immediately of any defects in the rental property. If the guest/tenant fails to report these defects, they are not entitled to claims for non-fulfillment of the contractual services (especially no claims for rent reduction).
9.6. The guest/tenant is liable for all damages to the apartment's furnishings, installations, and items listed in the inventory list that are culpably caused by them, persons belonging to their household, guests, or tradespeople commissioned by them, or due to the culpable breach of the duty of care incumbent upon them.
10. PET OWNERSHIP; HOUSE RULES
10.1. Larger domestic animals, especially dogs, cats, and the like, may only be kept or temporarily housed with the express written permission of Appart Haus and against a separate fee of at least €10 per day. The permission is valid only for the individual case. It can be revoked if inconveniences occur. The guest/tenant is liable for all damages caused by pet ownership.
10.2. Guests/tenants are urged to be considerate of each other. In particular, noise disturbances, especially loud slamming of doors and activities that annoy the co-inhabitants through the noise generated and disturb the domestic peace, should be avoided.
10.3. Playing musical instruments is to be refrained from between 10:00 PM and 8:00 AM and from 1:00 PM to 3:00 PM. Radio, television, and phonographic devices are to be set to room volume only.
11. FINAL PROVISIONS
11.1. Amendments or supplements to the contract, the acceptance of the application, or these terms and conditions for the Appart Haus must be made in writing to be effective; this also applies to a change in the requirement for written form itself. Unilateral changes or supplements by the guest/tenant are invalid.
11.2. The place of fulfillment and payment is the location of the Appart Haus.
11.3. The place of jurisdiction is Lingen (Ems).
11.4. German law applies without its possible referral to foreign law.
11.5. Should individual provisions of these General Terms and Conditions for the Appart Haus be or become invalid or void, the validity of the remaining provisions shall not be affected. Instead, the invalid provision shall be replaced by one that comes closest to it economically.